Madras High CourtWP(MD)/18526/2018disposed of

Murugesan, v. The Commissioner Of Small

2018-08-27Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.18526 of 2018 Murugesan .. Petitioner Vs.

1.The Commissioner of Small Savings, Small Savings Department, 3rd Floor, L.L.A Building, 735, Anna Salai, Chennai-600 002.

2.The Assistant Director, Small Savings Wing, Corporation of Chennai, Chennai-600 002.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 5th July 2018 and dispose off the same within a time frame fixed by this Honourable Court.

For Petitioner :

Mr.RM.Sivakumar For Respondent :

Mr.M.Pandiyarajan Additional Government Pleader

ORDER

The petitioner has come forward with this writ petition, for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 5th July 2018 and dispose off the same within a time frame fixed by this Honourable Court. 2.The case of the petitioner is that he joined the services of Junior Assistant in Small Savings Department. His services have been regularised on 09.01.2012 and he was transferred to Sivagangai in the year 2016. The second respondent has prepared the seniority list for the Small Savings Department and the petitioner's name was found in serial No.13. According to the petitioner, there are 19 vacancies as on date and that only 10 posts have to be filled up out of 19 vacancies and in this regard, he made a representation on 10.06.2018.

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3.The learned Additional Government Pleader appearing for the respondents would submit that there were only 10 vacancies in the post of Accountant/Assistant and that depending upon the vacancy, the case of the petitioner would be considered. 4.The petitioner drew the attention of this Court to the seniority list prepared by the respondent, wherein, it is clearly shown that there are 13 vacancies for the post of Assistant. 5.In view of the above, the respondents are directed to consider the case of the petitioner to the post of Accountant, if there is a vacancy and if there are no legal impediments within a period of one month from the date of receipt of a copy of this order.

5.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Commissioner of Small Savings, Small Savings Department, 3rd Floor, L.L.A Building, 735, Anna Salai, Chennai-600 002.

2.The Assistant Director, Small Savings Wing, Corporation of Chennai, Chennai-600 002.

+1CC to Mr.RM.Sivakumar, Advocate, SR.No.80317 W.P.(MD) No.18526 of 2018 27/08/2018 VS ES/PM/SAR 1/26.09.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/